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ARMY | DRB | CY1999 | AR1999023699
Original file (AR1999023699.rtf) Auto-classification: Denied
PART II - APPLICATION DATA

(Note: Part I deleted under the Privacy Act on Reading Room copy)

1. Character of Discharge: Uncharacterized

2. Date of discharge (or REFRAD): 860610

3. Authority for separation:

         a. Regulation: Paragraph 5-11, AR 635-200

          b. Reason: Did Not Meet Procurement Medical Fitness Standards-
                  No Disability
4. Prior review(s): NONE


PART III - SERVICE HISTORY

SECTION A - Period of Service Under Review

 1.       Service data: 2. Awards and decorations:
                            NONE
a. Period entered for: 4 Years
b. Entry date: 860523
c. Age: 23 Years DOB: 630416
d. Educational level: HS Grad
e. Aptitude area score:
          GT: 108 3. Highest grade achieved:
f. Length of Service: E-3
0 Years 0 Months 18 Days

4. Performance evaluations:
NONE

PART III - SERVICE HISTORY
SECTION A - Period of Service Under Review - Continued

5. Periods of unauthorized absence: NONE

 Status Inclusive dates
         AWOL

         Mil conf

         Civil conf

         Other


6. Nonjudicial punishment: NONE
         Date     Offense(s)
        


7. Court-Martial data: NONE
         a. SCM:
                  Date Offense(s)

        
         b. SPCM:
                  Date Offense(s)

         c. GCM: 
                  Date Offense(s)


8.       Remarks: NONE
SECTION B - Prior Service Data
NONE

Other discharge(s):

          Service   From      To        Type Discharge





PART IV - PREHEARING REVIEW

SECTION A-ANALYST’S ASSESSMENT
l. Facts and Circumstances:

         a. The evidence of record contains a separation control sheet that documents the following: on 5 June 1986 the applicant was notified of the initiation of separation action; acknowledged receipt of the action; and completed her election of rights; the unit commander’s recommendation for the applicant’s separation was forwarded to the intermediate level commander, who prepared a disposition form, dated 5 June 1986, recommending that the applicant be discharged. The record also contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), authenticated by the applicant, which documents the following: Characterization of Service-Uncharacterized; Authority for Separation-Paragraph 5-11, AR 635-200; and the Narrative Reason for Separation-Did Not Meet Procurement Medical Fitness Standards-No Disability.

         b. The DD Form 214 also documents that on 10 June 1986, the applicant was separated with an uncharacterized discharge. At the time of discharge the applicant had completed only 18 days of active duty.

         c. The applicant’s record shows that she completed only 18 days of active duty and that she never completed basic training. While the specifics of the applicant’s separation action are not contained in the available records, it is clear from the evidence of record that the applicant was discharged upon the discovery of a medical condition that existed prior to her entering service and that it was determined that she did not meet procurement medical fitness standards. The applicant was discharged while in an entry level status, an initial probationary period of service, with an uncharacterized description of service, and she was aware of this as evidenced by her signature on the DD Form 214.

 2. Legal/Regulatory Basis for Separation Action : Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel. Paragraph 5-11 specifically provides that soldiers who were not medically qualified under procurement medical fitness standards, when accepted for enlistment, or who became medically disqualified under these standards prior to entry on active duty or active duty training or initial entry training will be separated. A medical proceeding, regardless of the date completed, must establish that a medical condition was identified by appropriate medical authority within six months of the soldier’s initial entrance on active duty, that the condition would have permanently or temporarily disqualified the soldier for entry into the military service had it been detected at that time, and the medical condition does not disqualify the soldier from retention in the service under the provisions of Army Regulation 40-501, chapter 3. The characterization of service for soldiers separated under this provision of regulation will normally be honorable, but will be uncharacterized if the soldier is in an entry level status. Army regulation state that a soldier is in an entry level status if the soldier has not completed more than 180 days of creditable continuous active duty prior to the initiation of separation action.

SECTION B-APPLICANT’S SUBMISSIONS

1. Issue(s) of propriety and/or equity submitted by applicant or counsel.

As stated on applicant’s DD Form 293.

 2. Exhibit(s) submitted:
         A-1: DD Form 293, dated 990212.
         A-2: Counsel Issues: NONE
         B-l: Other Documents: NONE

PART IV - PREHEARING REVIEW (CONTINUED)



SECTION C - Medical and/or Legal Advisory Opinion


Referred to ( ) Medical Advisor ( ) Legal Advisor



 a. Medical prehearing comments (if applicable):

b. Legal prehearing comments (if applicable):
PART V - SUMMARY OF HEARING

SECTION A-Attendees and exhibits

1. Review/hearing information:

         a. Type requested:
         ( X ) Records review ( ) Hearing

         b. Type Held:
         ( X )Records review ( ) Hearing
         ( ) Tender Offer

         c. Review/hearing location and date: Washington D.C. on 12 May 1999.

         d. Appearance by:
         Applicant ( ) Yes ( X ) No
          Counsel ( ) Yes ( X ) No
         e. Applicant testified: ( ) Yes ( X ) No
        
         f. Counsel presentation: ( ) Yes ( X ) No
        
         g. Witness(es) testified: ( ) Yes ( X ) No
        
2. Exhibit(s) submitted at hearing:

PART VI - ISSUES AND FINDINGS

1. a. Applicant's issue(s) of propriety and/or equity:

          ( X )   Same as those listed on DD Form 293 and Part IV, Section A of this case report and directive.
         ( )     Revised issue(s) furnished in writing by applicant as follows:
         ( )     Additional issue(s) identified during review/hearing as follows:
         b. Request: ( X ) Recharacterization ( ) Change of Reason


2. Finding(s), conclusion(s), and reason(s) for the Board's decision(s) on issues of propriety and/or equity:


          a. Propriety:    The applicant has not submitted an issue of propriety and the ADRB has not otherwise relied upon an issue of propriety to change the discharge.
         b. Equity:       The parenthetical number(s) below correspond(s) to the issue number(s) on the DD Form 293, or in Part VI, Paragraph 1, above.

 (1) The issue is rejected. The available records do not contain the specific facts and circumstances concerning the events that led to the applicant’s discharge from the Army. However, the Board noted that the applicant’s record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) which was authenticated by the applicant. This document identifies the reason and characterization of the discharge and the Board presumed Government regularity in the discharge process. The evidence of record shows the applicant was discharged under the provisions of Paragraph 5-11, AR 635-200 by reason of not meeting procurement medical fitness standards-no disability. Procedurally, this separation action required that a medical proceeding establish medical findings, and that these findings be approved by competent medical authority. The applicant would have had to agree with these findings and concur with a proposed action for administrative separation from the Army prior to separation action being taken, Finally, regulatory guidance dictates that a uncharacterized description of service be provided for soldiers who are still in an entry level status and who are being separated under these provisions. This type of discharge simply means that the soldier was in an entry level status, the first 180 days of continuous active duty. This is not an adverse separation action and denotes only that the individual had less than
l80 days on active duty. The Board being convinced that the reason for discharge and the characterization of service were both proper and equitable, voted to deny relief.



3. Response(s) to item(s) not addressed as decisional issue(s): NONE
PART VII - BOARD ACTION
SECTION A - Conclusions/Decisions/Vote

1.       Board conclusion(s):

         The discharge was:

          ( X )    Proper.
         ( )      Improper as to characterization. Change characterization to                                      .
         ( )      Improper as to reason. Change reason to                         under                       .

         ( X )    Equitable.
         ( )      Inequitable as to characterization. Change characterization to                                .
         ( )      Inequitable as to reason. Change reason to                       
                  under                                  .
         ( )      Both proper and equitable, but characterization/reason for separation cited was an administrative/clerical error and should be changed to                      under                          .
2. Voting record: Change No Change
         Reason 0 5
Characterization 0 5

         The names and votes of the members of the Board are recorded in Part IX of this document and can be obtained by writing to the address below. The request must contain the CASE NO. located in the upper right corner of this document.

Department of the Army Review Boards Agency
ATTN: Promulgation Team
1941 Jefferson Davis Highway, 2nd Floor
Arlington, VA 22202-4508



3. Minority views: NONE

PART VII - BOARD ACTION
SECTION B - Verification and Authentication

Case report reviewed and verified       

                                 
MR. ADRIANCE
Case Reviewing Official 

PART VIII - DIRECTIVE/CERTIFICATION
SECTION A - DIRECTIVE
NONE
SECTION B - CERTIFICATION

Approval Authority:


THOMAS J. ALLEN
Colonel, U.S. Army
President, Army Discharge
Review Board

Official:




SUZANNE WALKER
Lieutenant Colonel, U.S. Army
Chief, Secretary Recorder

EXHIBITS:
A - Application for review of discharge          C - Other
B - Material submitted by applicant

INDEX RECORD:

 AR Number: 1999023699 INDEX NUMBERS: A9217
Date of Review: 990512 A9307
Character of Service: EL A0100
Date of Discharge: 860610
Authority: AR 635-200 C5
Reason: A0400
Results of Board Action/
Vote/Affirmation: NC 5-0 A













PART IX - VOTING RECORD

 Name  Reason Characterization
 CHANGE NC HON UHC NC UNCHAR
1.      Mbr      X          X    
2.      Mbr      X          X    
3.      Mbr      X          X    
4.      Mbr      X          X    
5.      Mbr      X          X    

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